Plantation weighs move to keep lawsuit settlements out of public eye

February 23, 2010|By Lisa J. Huriash, Sun Sentinel

PLANTATION — Arguing that it would expedite paperwork and discourage copycat lawsuits, the Plantation City Council on Wednesday will consider giving its mayor authority to approve out-of-the-public-eye legal settlements of up to $200,000.

If approved, Mayor Rae Carole Armstrong would have far greater discretion than other city managers in Broward County, where few administrators have the authority to privately approve settlements of even $50,000.

Plantation has a strong-mayor form of government, and Armstrong currently is allowed to approve legal settlements on her own of up to $25,000. Any amount above that needs the council's approval at a public meeting.

The proposed ordinance would boost her authority to $200,000. However, any amount above $50,000 would require the city's risk manager to notify each council member of the tentative agreement. Any of them could then demand a public review.

According to Barbara Petersen, president of the First Amendment Foundation of Florida, the proposed ordinance is "flawed from top to bottom. What's the purpose other than to avoid having these discussions at a public meeting? It's not their money they are spending, it's our money."

And she added, the risk manager is in essence privately polling the council for the mayor, which is a violation of the Sunshine Law.

If the proposal passes, it could mean that most settlements in Plantation would not be presented in public. That's because under state sovereign-immunity laws, the most cities are required to pay in typical personal injury or wrongful arrest lawsuits is $100,000. In a case involving two or more people, the city would have to pay up to $200,000, said Skip Campbell, a former state senator. The exceptions are land development cases, civil right violations or if the plaintiff appeals the state Legislature to go higher.

To which Petersen replies: "If a suit has merit it will go forward. If it doesn't have merit, it will get tossed" by a judge.

Opponents of the idea, including former Councilman Rico Petrocelli, say it would keep settlements hidden from the public.

"Shouldn't our residents be aware? If the information is out there and the public doesn't access it, that's not the city's fault, but if I don't have the opportunity to know what's happening, then shame on the city or any government agency," he said.

An example of what could go undisclosed occurred in November when the Plantation council agreed to pay $57,554 in back pay and damages, plus $16,000 in legal fees to the police union, which had claimed the city for years defrauded its members on overtime pay.

In Lauderdale-by-the-Sea and Davie, all legal settlements must be approved by elected officials. In Coral Springs and Broward County, any settlement over $15,000 must be approved at an open forum.

Fort Lauderdale commissioners must approve all settlements above $20,000; while in Margate and Tamarac, the commission gets involved when settlements are more than $25,000. In Weston, the city manager's cap is $50,000.

In Pompano Beach, the city manager, risk manager and city attorney must all sign off on agreements up to $50,000. Beyond that, settlements go to the commission. Hollywood commissioners must also sign off on lawsuit settlements greater than $50,000. But if the lawsuit hasn't been filed yet, settlements over $25,000 must be approved by the City Commission.

Wednesday's vote in Plantation would be an initial approval; a second vote would be required.

Plantation Councilman Jerry Fadgen said he supports the measure as a way to "speed up the time frame" for settlements and encourage the other side to settle.

"We would prefer to settle always in favor of us, meaning we have no dollar exposure at all, but when that isn't possible and there has to be a settlement" allowing the mayor to decide "takes the uncertainty away from both sides" from going to trial, he said.